Akaroa TC 20 March 2011 – R 2
ID: JCA17386
Meet Title:
Akaroa TC - 20 March 2011
Meet Chair:
JPhelan
Meet Committee Member 1:
SChing
Race Date:
2011/03/20
Race Number:
R1
Decision:
On resuming the hearing we advised that a full written decision would be given later, and gave the following oral decision.
“We are satisfied that late in the run home “The Truth” threw its head back and broke. The video coverage was not conclusive that Mr Butt’s whip had made contact with the horse’s head. However, Mr Edmonds gave clear evidence that Mr Butt’s whip hit his horse on the head and caused it to break. We prefer Mr Edmonds evidence and we find the charge proved.”
Penalty:
Mr Butt was fined the sum mof $200-00.
Charge:
Alleged striking another horse with whip.
Facts:
Following the running of Race 2, the Motukarara Trotting Association Trot, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Open Horseman Mr D. J. Butt alleging a breach of Rule 869(2)(b) in that he struck another horse with his whip.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(b) in that over the final stages of this race Mr D. J. Butt used his whip in such a way that it inconvenienced, impeded or struck “The Truth” driven by Mr M. P. Edmonds.”
Rule 869(2)(b) reads as follows.
“(2) No horseman shall during any race:-
(b) use his whip in such a way that it baulks, inconveniences, impedes or strikes another horse or horseman;”
Mr Butt had indicated on the Information that this breach of the Rules was not admitted, and he confirmed this at the hearing. Mr Butt also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
There had previously been a protest hearing relating to this matter at which time Mr M. P. Edmonds had given evidence. Mr Butt did not require that Mr Edmonds attend this hearing to repeat his evidence, and this evidence was taken into consideration at this hearing.
Mrs Williams gave evidence and used video coverage to show that Mr Butt had been using his whip late in the run home, and that at this time Mr Butt’s whip had struck “The Truth” on its head causing it to break.
The evidence given by Mr Edmonds was that his horse had been struck on the head by Mr Butt’s whip.
Mr Butt gave evidence and used the video coverage to support his evidence that his whip had not struck the head of “The Truth”. It was Mr Butt’s evidence that the video coverage did not clearly show any contact, and that had there been contact he would have felt it.
We adjourned to consider our decision.
Reasons for Decision:
We carefully considered the evidence and the video coverage. The best evidence in this case is that of Mr Edmonds who was quite clear that his horse was hit on the head by Mr Butt’s whip. We were satisfied that the charge had been proved.
Submissions for Penalty:
In relation to penalty Mrs Williams made submissions that Mr Butt had no relevant previous convictions, and that the penalty guide recommends a starting point of a fine of $200-00 or a two week suspension for a breach of this Rule.
Mr Butt had no relevant submissions to make with regard to penalty.
Reasons for Penalty:
In considering an appropriate penalty we took into account that Mr Butt has a clear record. We also had regard to the Penalty Guide and decided that a fine of $200-00 should be imposed in this case.
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: dd45c9a14ad8d0bb6f72aad6c88572a2
informantnumber: 69064
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: denied
penaltyrequired: 1
decisiondate: 24/02/2011
hearing_title: Akaroa TC 20 March 2011 - R 2
charge:
Alleged striking another horse with whip.
facts:
Following the running of Race 2, the Motukarara Trotting Association Trot, an Information was filed by Stipendiary Steward Mrs K. R. Williams against Open Horseman Mr D. J. Butt alleging a breach of Rule 869(2)(b) in that he struck another horse with his whip.
The charge reads as follows.
“I the abovenamed informant allege that the abovenamed Defendant committed a breach of Rule 869(2)(b) in that over the final stages of this race Mr D. J. Butt used his whip in such a way that it inconvenienced, impeded or struck “The Truth” driven by Mr M. P. Edmonds.”
Rule 869(2)(b) reads as follows.
“(2) No horseman shall during any race:-
(b) use his whip in such a way that it baulks, inconveniences, impedes or strikes another horse or horseman;”
Mr Butt had indicated on the Information that this breach of the Rules was not admitted, and he confirmed this at the hearing. Mr Butt also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
There had previously been a protest hearing relating to this matter at which time Mr M. P. Edmonds had given evidence. Mr Butt did not require that Mr Edmonds attend this hearing to repeat his evidence, and this evidence was taken into consideration at this hearing.
Mrs Williams gave evidence and used video coverage to show that Mr Butt had been using his whip late in the run home, and that at this time Mr Butt’s whip had struck “The Truth” on its head causing it to break.
The evidence given by Mr Edmonds was that his horse had been struck on the head by Mr Butt’s whip.
Mr Butt gave evidence and used the video coverage to support his evidence that his whip had not struck the head of “The Truth”. It was Mr Butt’s evidence that the video coverage did not clearly show any contact, and that had there been contact he would have felt it.
We adjourned to consider our decision.
reasonsfordecision:
We carefully considered the evidence and the video coverage. The best evidence in this case is that of Mr Edmonds who was quite clear that his horse was hit on the head by Mr Butt’s whip. We were satisfied that the charge had been proved.
Decision:
On resuming the hearing we advised that a full written decision would be given later, and gave the following oral decision.
“We are satisfied that late in the run home “The Truth” threw its head back and broke. The video coverage was not conclusive that Mr Butt’s whip had made contact with the horse’s head. However, Mr Edmonds gave clear evidence that Mr Butt’s whip hit his horse on the head and caused it to break. We prefer Mr Edmonds evidence and we find the charge proved.”
sumissionsforpenalty:
In relation to penalty Mrs Williams made submissions that Mr Butt had no relevant previous convictions, and that the penalty guide recommends a starting point of a fine of $200-00 or a two week suspension for a breach of this Rule.
Mr Butt had no relevant submissions to make with regard to penalty.
reasonsforpenalty:
In considering an appropriate penalty we took into account that Mr Butt has a clear record. We also had regard to the Penalty Guide and decided that a fine of $200-00 should be imposed in this case.
penalty:
Mr Butt was fined the sum mof $200-00.
hearing_type: Hearing
Rules: 869(2)(b)
Informant: Mrs K. Williams - Stipendiary Steward
JockeysandTrainer: Mr D. Butt - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f67e9627c06ce6ab68894a07bbfd9abd
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5c3fa91e274d5feea888af613d2af386
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 20/03/2011
meet_title: Akaroa TC - 20 March 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "JPhelan", "Member": "", "OtherExpenses": "0", "KMs": "70", "Total": "43.4", "kmprice": 43.399999999999999, "Approved": "on"}, {"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "SChing", "Member": "", "OtherExpenses": "0", "KMs": "71", "Total": "44.02", "kmprice": 44.020000000000003, "Approved": "on"}]
meet_otherexp:
tracklocation: akaroa-tc
meet_racingtype: harness-racing
meet_chair: JPhelan
meet_pm1: SChing
meet_pm2: none
name: Akaroa TC